HomeMy WebLinkAboutAGE COUNCIL 12/02/2009 2008-2010
Vice Chair
GUY ENRlQUES
BRENDA FORD
KELLY GREENWELL
PETE HOFFMANN
DONALD IKEDA
DENNIS "FRESH" ONISHI
DOMINIC Y AGONG
J YOSHIMOTO
Chair & Presiding Officer
EMILY I. NAEOLE-BEASON
COUNTY COUNCIL
County ofHawai'i
Hawai 'i County Building
25 A upuni Street
Hilo, Hawai'i 96720
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Hawai'i County Council
25 Aupuni Street
Hilo, Hawai'i
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ORDER OF BUSINESS
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28th Session
Wednesday, December 2,2009
9:00 a.m.
INVOCA nON
Reverend Larry Walter of First United Protestant Church
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROV AL OF MINUTES
(Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.)
Serving the Interests of the People of Our Island
Hawai'i County is an Equal Opportunity Provider and Employer.
Hawaii County Council-28 Page 2 December 2, 2009
MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE
9:00 A.M.: STATEMENTS FROM THE PUBLIC ON COMMUNICATIONS AND ORDER OF
RESOLUTIONS
COMMUNICATIONS
Comm. 625: NOMINATION OF MR. RICHARD NELSON, III (SOUTH KONA DISTRICT),
TO THE LEEWARD PLANNING COMMISSION
From Mayor Billy Kenoi, dated November 6, 2009, requesting the approval of
Mr. Nelson's nomination.
Waived: PC
Comm. 626: NOMINATION OF MR. DEAN AU (PUNA DISTRICT) TO THE WINDWARD
PLANNING COMMISSION
From Mayor Billy Kenoi, dated November 12, 2009, requesting the approval of
Mr. Au's nomination.
Waived: PC
Comm. 627: REQUEST FOR PAYMENT OF LEGAL FEES FOR COUNCILWOMAN
EMILY NAE`OLE RE BOARD OF ETHICS PETITION 2007-04
From Corporation Counsel Lincoln S. T. Ashida, dated November 19, 2009, stating
that they received a letter from Stanley Roehrig, Esq., requesting payment for legal
fees rendered to Councilwoman Naeole in 2007.
Comm. 628: REQUESTS THE CREATION OF AN AD HOC COMMITTEE RELATING TO
THE COUNTY'S BUDGET FOR FY 2010-2011
From Council Member Dennis Onishi, dated November 17, 2009.
Waived: FC
Hawaii County Council-28 Page 3 December 2, 2009
ORDER OF RESOLUTIONS
Res. 237-09 Urges Hawaii State and Federal Legislators to Amend Vaccine Laws to Include the
(Draft 4): Right of Medical, Religious, and Philosophical Exemption from Any Vaccination
Program. {Recommends that State and Federal officials amend vaccine laws to
include medical, religious, and philosophical exemptions from any vaccine
program, as well as any vaccine known to contain harmful viruses or materials
known to prompt autoimmune diseases or cancer risks shall provide cause for
exemption for any person who desires such exemption.)
Re: Comm. 525.23
Intr. by: Ms. Naeole-Beason
Approve: HSEDC-3
Held Over Pursuant
to Council Rule 25(e): October 21 and November 18, 2009
(Note: There is a pending motion by Ms. Naeole and duly seconded by
Mr. Yagong to approve Resolution 237-09, as amended (Draft 4).)
Res. 252-09: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $69,500 out and from Geothermal Other Current Expenses
Account; credits to the following: Geothermal Parks and Recreation Other Current
Expenses Account ($64,000) and Geothermal Parks and Recreation Equipment
Account ($5,500), for a total of $69,500. Funds would be used towards a new pool
vacuum for Pahoa Pool ($5,500) and security guard services at the Pohoiki Park
($64,000).)
Re: Comm. 566
Intr. by: Mr. Onishi
Approve: FC-126
Res. 268-09 Relates to Legislative Proposals for Inclusion in the 2010 Hawaii State Association
(Draft 2): of Counties (HSAC) Legislative Package. {Requests the Council's approval on the
following proposals for inclusion in the 2010 HSAC Legislative Package: Urges
the Hawaii Employer-Union Health Benefits Trust Fund (EUTF) to conduct a
feasibility study to establish a captive insurance program, and to add a trustee to the
board of trustees of the EUTF to represent the interests of the counties; asks the
State to consider transferring the duties, functions, and responsibilities of the State
Land Use Commission to each respective County Planning Commission, and
amends various Chapters of the Hawaii Revised Statutes to abolish the State Land
Use Commission and State land use districts; asks the State to provide appropriate
levels of service for the 2010 elections; and asks the State to refrain from utilizing
the Wireless Enhanced 911 Special Fund for purposes other than designated by
Act 159 (2004), and to remove the spending cap.)
Re: Comm. 607.1
Intr. by: Mr. Onishi
Approve: PWIRC-58
Hawaii County Council-28 Page 4 December 2, 2009
Res. 269-09: Urges Adoption of Measures to Enhance the Development of an Effective
Agricultural Policy for the County of Hawaii by Means of a Food Policy Council.
{The emphasis of the Agricultural Plan will be on food sustainability, including
programs designed to promote local community food production and distribution
facilities, the expansion of the County's Senior Nutrition Program, effective
incentives to increase the amount of farm land in current production, and the use of
food stamps at all farmers markets.)
Re: Comm. 608
Intr. by: Mr. Hoffmann
Approve: FESC-3
Res. 270-09: Names the Resource Library at the Aging and Disability Resource Center After the
Late Sally Leilam Wehrsig. {The planning of the Resource Library was a pet
project and passion for Mrs. Wehrsig. She planned the library's layout and content
of available information and worked to acquire the library materials several years in
advance.)
Re: Comm. 609
Intr. by: Mr. Onishi
Approve: PWIRC-59
Res. 271-09: Transfers/Appropriates an Appropriation Out and From the Designated Fund
Account(s) and Credits Same to a Designated Fund Account(s).
{Transfers/appropriates $14,525 out and from Geothermal Other Current Expenses
Account; credits same to Geothermal Finance Other Current Expenses Account.
Funds would be used towards rent of the Pahoa Council Office.)
Re: Comm. 610
Intr. by: Mr. Onishi
Approve: FC-117
Res. 272-09: Authorizes the Payment of Funds of a Later Fiscal Year and of More Than One
Fiscal Year (5 Years) for a Multi-Year Lease for a Copier for the Office of the
Corporation Counsel. {Their current lease will expire soon. Obtaining a new lease
on a newer copier that includes advanced technology (scanning, networking, etc.)
will increase productivity and meet the increasing demands from the public, courts,
and County clients.)
Re: Comm. 611
Intr. by: Mr. Onishi
Approve: FC-118
Hawaii County Council-28 Page 5 December 2, 2009
Res. 273-09: Authorizes the Office of the Mayor to Enter Into an Agreement with the State of
Hawaii Department of the Attorney General, Pursuant to HRS 46-7, for the Court
House Booking Project. {Funds would be used to implement a Court House
Booking Project which will provide post-conviction and same-day penal summons
booking at the Hilo and Kona court houses.)
Re: Comm. 614
Intr. by: Mr. Onishi
Approve: FC-121
Res. 274-09: Authorizes the Acceptance of a Furuno Marine Radar for the Hawaii Fire
Department. {Donated by Tom Hesketh with an estimated total value of $3,000, the
radar will enhance the maritime navigation capabilities and improve the safety and
effectiveness of marine missions.)
Re: Comm. 616
Intr. by: Mr. Onishi
Approve: FC-124
Res. 275-09: Authorizes the Grant of Easement for Access Purposes Affecting 753 Ainako
Avenue, District of South Hilo, Island of Hawaii to Howard M. Higashi and
Donna L. Dodd. {Grant of easement shall be subject to the following: Mr. Higashi
and Ms. Dodd to pay all costs of surveying and appraisal, the market value to be
determined by appraisal; and the Count of Hawai `i will select the appraiser.)
Re: Comm. 618
Intr. by: Mr. Enriques
Approve: PWIRC-60
Res. 277-09: Amends Resolution No. 371-07 Relating to the Payment of Funds of a Later Fiscal
Year and More Than One Fiscal Year for a Multi-Year Lease of Real Property for
the Office of the County Clerk-Elections Division. {Amends Resolution 371-07,
which authorized the County to enter a lease agreement specifically for the satellite
Elections Office located at Pahoa Market Place Shopping Center. This will allow
for the office space to be used initially by the Pahoa Council Office and, if vacated
in the future, to be used for other County needs.)
Re: Comm. 624
Intr. by: Mr. Onishi
Waived: FC
11:00 A.M.: STATEMENTS FROM THE PUBLIC ON BILLS FOR ORDINANCES (FIRST
READING)
(NOTE: COUNCIL WILL TAKEA LUNCHBREAK CLOSE TO THE NOONHOUR.)
Hawaii County Council-28 Page 6 December 2, 2009
BILLS FOR ORDINANCES (FIRST READING)
Bill 154 Amends Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning
(Draft 2): Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District
Classification from Agricultural - 5 Acres (A-5a) to Multiple Family Residential -
30,000 Square Feet (RM-30) at Keauhou, North Kona, Hawaii, Covered by Tax
Map Key: 7-8-010:101 (approx. 51.058 acres). {Kona Country Club, Inc.,
Applicant.)
Re: Comm. 554.6
Intr. by: Mr. Ikeda
Approve: PC-57
;and
Comm. 554.7: From Council Member Donald Ikeda, dated November 19, 2009, transmitting
proposed amendments to Bill 154, Draft 2, which are listed in this communication.
Bill 169: Amends the Hawaii County General Plan, as Adopted by Ordinance No. 05-25, as
Amended, Relating to the Conversion from a Single Planning Commission to
Windward and Leeward Planning Commissions. {Amends the General Plan to
reflect the Charter amendment that created the Windward and Leeward Planning
Commissions.)
Re: Comm. 604
Intr. by: Mr. Ikeda
Approve: PC-52
Bill 170: Planning Director Initiated: Amends Chapter 25 (Zoning Code), Hawaii County
Code 1983 (2005 Edition, as Amended), Relating to Solar Energy Facilities.
{Permits solar energy facilities to be built within the County's Agricultural District
on Class D (poor) or E (very poor) lands.}
Re: Comm. 606
Intr. by: Mr. Ikeda
Approve: PC-53
Bill 171: Amends Ordinance No. 09-64, as Amended, the Operating Budget for the County of
Hawaii for the Fiscal Year Ending June 30, 2010. {Increases revenues in Federal
Grants - Hawaii County Police Department (HCPD) Data Grant ($3,000);
appropriates same to HCPD Data Grant. Funds would be used to establish a
statewide traffic data system and ensure compliance with national standards.)
Re: Comm. 612
Intr. by: Mr. Onishi
Approve: FC-119
Hawaii County Council-28 Page 7 December 2, 2009
Bill 172: Amends Ordinance No. 09-64, as Amended, the Operating Budget for the County of
Hawaii for the Fiscal Year Ending June 30, 2010. {Increases revenues in Federal
Grants - Hawaii County Police Department (HCPD) Roadblock Program ($3,340);
appropriates same to HCPD Roadblock Program. Funds would be used to reduce
the number of alcohol related fatalities and injuries, increase public awareness, and
provide a constant deterrence against impaired driving by conducting impaired
driving roadblocks on our highways.)
Re: Comm. 613
Intr. by: Mr. Onishi
Approve: FC-120
Bill 173: Amends Ordinance No. 09-64, as Amended, the Operating Budget for the County of
Hawaii for the Fiscal Year Ending June 30, 2010. {Appropriates revenues in
Federal Grants - Court House Booking Project ($99,000); appropriates same to
Court House Booking Project.}
Re: Comm. 614
Intr. by: Mr. Onishi
Approve: FC-122
Bill 174: Amends Ordinance No. 09-65, as Amended, Relating to Public Improvements and
Financing Thereof for the Fiscal Year July 1, 2009, to June 30, 2010. {Adds FIRE:
Makalei Fire Station - Federal ($4,114,000); funds shall be provided from Federal
Grants Receivable ($4,114,000). Funds would be used towards the construction of
the new fire station in North Kona.)
Re: Comm. 615
Intr. by: Mr. Onishi
Approve: FC-123
2/3 Vote: Section 10-6(d), Hawai`i County Charter
Bill 175: Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning
Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District
Classification from Single Family Residential - 10,000 Square Feet (RS-10) to
General Commercial - 20,000 Square Feet (CG-20) at Waiakea Houselots, Second
Series, Waiakea, South Hilo, Hawaii, Covered by Tax Map Key:2-2-022:008
(approx. 20,314 square feet). {Janice Oshiro, Applicant.}
Re: Comm. 619
Intr. by: Mr. Ikeda
Approve: PC-54
Hawaii County Council-28 Page 8 December 2, 2009
Bill 176: Amends Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning
Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District
Classification from Limited Industrial - 20,000 Square Feet (ML-20) to Industrial-
Commercial Mixed - 20,000 Square Feet (MCX-20) at Waiakea, South Hilo,
Hawaii, Covered by Tax Map Key:2-2-032:024 (52,457 square feet). {American
Trading Co., Ltd., Applicant.)
Re: Comm. 620
Intr. by: Mr. Ikeda
Approve: PC-55
Bill 177: Amends Ordinance No. 92-70 Which Reclassified Lands from Single Family
Residential - 15,000 Square Feet (RS-15) to Village Commercial - 10,000 Square
Feet (CV-10) at Nanawale Homesteads, Puna, Hawaii, Covered by Tax Map
Key: 1-5-014:007 (approx. 1.625 acres). {Request: Amendment to Conditions C
and D of Change of Zone Ordinance No. 92-70. Hara Land Development,
Applicant.)
Re: Comm. 621
Intr. By: Mr. Ikeda
Approve: PC-56
1:30 P.M.: STATEMENTS FROM THE PUBLIC ON ORDER OF THE DAY (SECOND OR FINAL
READING), REPORTS, REFERRALS FOR EXECUTIVE SESSION, AND OTHER BUSINESS
ORDER OF THE DAY (SECOND OR FINAL READING)
Bill 161 Amends Ordinance No. 08-106, as Amended by Ordinance Nos. 09-92 and 09-92A,
(Draft 2): Pertaining to the Issuance of General Obligation Bonds for the Purpose of Financing
Various Public Improvements Described Therein. {Amends the Exhibit to adjust
funding for various projects based on actual needs that differ from the original
estimates in the bond ordinance and subsequent amendment, and restores $1 million
for the Lako Street project. There is no change to the total amount of the bond
authorization ($114,588,700).}
Re: Comm. 571.2
Intr. By: Mr. Onishi
1St Reading: November 18, 2009
2/3 Vote: Section 47-5, Hawaii Revised Statutes
Bill 164: Amends Ordinance No. 09-64, as Amended, the Operating Budget for the County of
Hawaii for the Fiscal Year Ending June 30, 2010. {Appropriates revenues in
Federal Grants - North Kohala Agricultural Processing Facility Grant ($20,000);
appropriates same to North Kohala Agricultural Processing Facility Grant.)
Re: Comm. 588
Intr. By: Mr. Onishi
1St Reading: November 18, 2009
Hawaii County Council-28 Page 9 December 2, 2009
Bill 165: Amends Ordinance No. 09-64, as Amended, the Operating Budget for the County of
Hawaii for the Fiscal Year Ending June 30, 2010. {Appropriates revenues in
Federal Grants - Energy Efficiency and Conservation Grant ($737,800);
appropriates same to Energy Efficiency and Conservation Grant.)
Re: Comm. 589
Intr. by: Mr. Onishi
1St Reading: November 18, 2009
Bill 166: Amends Ordinance No. 09-64, as Amended, the Operating Budget for the County of
Hawaii for the Fiscal Year Ending June 30, 2010. {Appropriates revenues in
Federal Grants - Federal Emergency Management Agency (FEMA) Digital Flood
Insurance Rate Maps (DFIRM) Grant ($71,300); appropriates same to FEMA
DFIRM Grant. Funds would be used towards the purchase of equipment and would
reimburse the County Data Systems Department's Graphic Information System
Division for preparing the revised DFIRMs. }
Re: Comm. 590
Intr. by: Mr. Onishi
1St Reading: November 18, 2009
Bill 167: Amends Ordinance No. 09-64, as Amended, the Operating Budget for the County of
Hawaii for the Fiscal Year Ending June 30, 2010. {Appropriates revenues in
Contribution from Private Source ($6,792); appropriates same to Fireman's Fund
Grant.)
Re: Comm. 591
Intr. by: Mr. Onishi
1St Reading: November 18, 2009
REPORTS
FC-116 Recommends approval of the nomination of Ms. Karolyn P. Lundkvist (Council
(Comm. 600): District 5) to the Salary Commission.
FC-125 Recommends acceptance of a monetary donation of $50 to the Office of Aging by
(Comm. 617): Herbert T. and Mary Y. Matayoshi, which will be used to subsidize the cost of
producing the Silver Bulletin.
PC-51 Recommends approval of the nomination of Ms. Giovanna Gherardi to the North
(Comm. 400.5): Kohala Community Development Plan Action Committee.
Hawaii County Council-28 Page 10 December 2, 2009
REFERRALS FOR EXECUTIVE SESSION
OTHER BUSINESS
(Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda
items.)
ANNOUNCEMENTS
ADJOURNMENT
Note: B/R, when listed next to the name of an Introducer, signifies that the Council Member has agreed to
introduce legislation "By Request" on behalf of the requesting party. It does not necessarily signify support of or
opposition to the proposal.
The meeting place is accessible for persons with disabilities. Persons who need special accommodations for this
meeting should call 961-8255 by November 30, 2009. Relay users please call 711(961-8255) to contact our
office.
Copies of this agenda and items listed on the agenda are available on the County Council-Clerk web page at
http://co.hawaii.hi.us/council/agendas_and_actions.htm. For further information, please call 961-8255.
Public Attendance Via Videoconference is available at the following locations until 4:30 p.m., or later in the event
public witness testimony has not been completed:
• Kona Council Office, Kailua Trade Center, 75-5706 Hanama Place, Suite 109, Kailua-Kona; and
• Waimea Council Office at the Holomua Center, 64-1067 Mamalahoa Highway, Suite 5.
If for technical or other unanticipated circumstances the video connection cannot be made and/or is disrupted, the
scheduled meeting will continue.
Note: Because of the highly technological advancement of our audio and teleconferencing
equipment in the newly renovated County Building, there is a possibility that videoconferencing
may not be available due to unforeseen complications with the equipment. All attempts will be
made to establish videoconferencing.
Submitting Testimony: Those submitting written testimony at the meeting should bring fourteen (14) copies for
distribution. Testimony may also be submitted before 12:00 noon on the business day prior to the meeting:
(1) by mail to the County Clerk's Office in Hilo at 25 Aupum Street, Hilo, Hawaii, 96720; (2) by facsimile to
(808) 961-8912; or (3) by e-mail to counciltestimon va,co.hawaii.hi.us. Please submit separate testimony for
each item.
Viewing of Meetings on Government Access Television - Channel 52:
Wednesday's, December 9 and 16, 2009, at 6 p.m.; Friday's, December 11 and 18, 2009, at 12 p.m.; and
Sunday's, December 13 and 20, 2009, at 9 a.m. These airtimes are subject to preemption by broadcasts from the
State Legislature.
Hawaii County Council-28 Page I I December 2, 2009
UPCOMING MEETINGS
TUESDAY, DECEMBER 15, 2009
COMMITTEES TBA SHERATON KEAUHOU
BAY RESORT & SPA
WEDNESDAY, DECEMBER 16, 2009
COUNCIL 9:00 A.M. SHERATON KEAUHOU
BAY RESORT & SPA